Patna High Court
Md. Mojahid @ Md. Mojahid Rashidi @ Mazharul HaqueversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The order dated 31‑01‑2020 of the Circle Officer is quashed and set aside.
Summary
The petitioner sought a writ to quash the order dated 31‑01‑2020 of the Circle Officer, Nalanda, which rejected his application for creation of Jamabandi over land in Mauza‑Chistiyara. The rejection was based on the alleged absence of rent receipts and lack of revenue documents, despite a prior Title Suit No. 17/1996 where the Sub‑Judge, Biharsharif, had decreed the land to be the petitioner’s personal possession. The State of Bihar appealed that judgment (Title Appeal No. 03/2005) and the appellate court affirmed the original decree. The High Court held that the Circle Officer failed to consider the adjudicated title and acted with malafide error, thereby quashing the impugned order. The Court directed the Circle Officer to re‑examine the case in light of the affirmed judgment and pass a fresh order, and the writ petition was disposed of.
Issues considered
- Whether the Circle Officer erred in rejecting the petitioner's application for Jamabandi despite the earlier judgment in Title Suit No. 17/1996.
- Whether the order dated 31‑01‑2020 is liable to be quashed on grounds of error of record and malafide action.
Subjects
- Jamabandi
- Land record
- Title suit
- Quashing order
- Civil jurisdiction
- Malafide
- Property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13506 of 2021
======================================================
Md. Mojahid @ Md. Mojahid Rashidi @ Md. Mazharul Haque, Son of Late
Hafiz Abdul Rashid, Resident of Mohalla- Shekhana, Town Biharsharif, P.S.
Bihar, Dist- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Land Reforms and Revenue
Department, Govt. of Bihar, Patna.
2. The Collector-cum-District Magistrate, Nalanda.
3. The Circle Officer, Biharsharif, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate.
For the Respondent/s : Mr.Sajid Salim Khan (Sc25)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
6 08-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
“That this is an application for issuance of an
appropriate writ, order or direction for quashing the order
dated 31.01.2020 passed by the Circle Officer, Bihar Sharif,
Nalanda (Respondent-3) in Misc. Case No. 03/2019-20.
Whereby whereunder he has rejected the application dated
15.02.2019 filed by the petitioner before him for creating
Jamabandi in the name of the petitioner for Chistiyara
Hariya Pokhar bearing Khata No. 310, Khesra No. 575,
Area 1.33 Acres, Khesra No. 564, Area 06 Dec. situated at
Mauza - Chistiyara, Thana No. 117 in the District of
Nalanda in the light of judgment and decree dated
14.12.2004/23.12.2004 passed by the learned Sub Judge
-VII, Bihar Sharif, Nalanda in T.S. No. 17/1996 as well as
Judgment dated 26.09.2011 passed by the Learned
Additional District Judge, Fast Track Court No. 01,
Nalanda at Biharsharif in T.A. No. 03/2005 by which the
Patna High Court CWJC No.13506 of 2021(6) dt.08-01-2026
2/3
disputed property/tank is declared personal possessed
property of the petitioner's ancestor to which Bihar Govt.
and Municipality have no right. The order of rejection is
passed mainly on the ground that rent receipt was never
granted to the ancestor of the petitioner and the petitioner
has also failed to produce any revenue documents.
And for any other relief/s for which the
petitioner is entitled in the facts and circumstance of the
case.”
3. The dispute relates to a land appertaining to Khata
No. 310, Khesra No. 575 and Area 1.33 acres and Khata No.
310, Khesra No. 564, Area 06 Decimal situated at Mauza –
Chistiyara, Thana No. 117 in the District of Nalanda. The Circle
Officer vide order dated 31.01.2020 refused to create Jamabandi
in the name of the petitioner by rejecting his application filed on
15.02.2019. On perusal of the order impugned, it appears that
in respect of the above piece of land described, the State was
party to the Title Suit No. 17/1996 in which judgment and
decree was passed in favour of the petitioner by learned Sub
Judge-VII, Biharsharif, Nalanda. The State being aggrieved
filed Title Appeal No. 03/2005 against the said judgment passed
in Title Suit No. 17/1996. The appellate court having found no
illegality in the judgment and decree dated
14.12.2004/23.12.2004 passed in Title Suit No. 17/1996
affirmed the said order vide order dated 26.09.2011.
4. That being the case, the Circle Officer having not
noticed above admitted facts has rejected the application of the
Patna High Court CWJC No.13506 of 2021(6) dt.08-01-2026
3/3
petitioner vide order dated 31.01.2020 passed in Misc. Case No.
03/2019-20 is not only error of record, at the same time, it is
vested with malafide is hereby quashed and set aside.
5. The Circle Officer is directed to peruse the
judgment and decree passed in Title Suit No. 17/1996 and pass
fresh order after giving due opportunity to the petitioner in
accordance with law and giving due regard that already the
possessory right and the title of the petitioner has been decided
by a competent civil court having jurisdiction.
6. The writ petition, accordingly, stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U
Checking your session…